[Added 4-18-2006 by Ord. No. 2349-06]
A. Applicability.
(1) This subsection of the land use regulations of Maplewood
sets forth mechanisms by which developers shall provide for a fair
share of affordable housing based on growth that is associated with
development taking place within Maplewood.
(2) Residential development. Except as exempted in Subsection
B, all residential development in any zone that results in the construction of new market-rate dwelling units shall be subject to the growth share provisions of this section.
(3) Nonresidential development. Except as exempted in Subsection
B, all nonresidential development in any zone that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure shall be subject to the growth share provisions of this section.
B. Residential growth share provisions.
(1) All residential development which results in the construction
of new market-rate dwelling units in any zone shall provide one affordable
unit for every eight market-rate units constructed.
(2) All residential development in any zone consisting
of nine or more residential units shall provide one affordable housing
unit on site for every eight market-rate units.
(3) For developments that result in a number of market-rate
residential units not evenly divisible by nine, the developer may
construct the additional affordable unit on site or, alternatively,
the developer may make a payment in lieu of constructing the additional
affordable unit. If the developer selects the latter option, the amount
of said payment shall be established by subtracting any whole multiples
of nine from the total number of residential units being created,
dividing any remaining number of units by eight and multiplying the
resulting fraction by $287,600.55.
(4) All residential development in any zone consisting
of less than nine residential units may provide one affordable unit
on site or may make a payment in lieu of constructing the proportionate
fraction of the affordable housing unit required. If the developer
selects the latter option, the amount of said payment shall be established
by dividing the number of market-rate units by eight and multiplying
the resulting fraction by $287,600.55.
(5) As an alternative to fulfilling the affordable housing requirements set forth in Subsection
B(2) through
B(4) above, developers of residential units in any zone may seek the written authorization of the Township Committee either to construct an affordable housing unit elsewhere in the Township of Maplewood or purchase an existing residential unit elsewhere in the Township of Maplewood in accordance with any reconstruction (gut rehabilitation) program, buydown program, and/or municipally sponsored rental program which the Township of Maplewood may devise in accordance with N.J.A.C. 5:94-1 et seq. If the developer fails to secure written authorization or if the Township of Maplewood does not adopt such a program, then the residential developer shall construct the nonage-restricted affordable unit on site.
(6) All affordable units constructed by a residential
developer pursuant to this section shall be nonage-restricted. Notwithstanding
this provision, in the event the proposed residential development
consists entirely of age-restricted units, the developer may seek
the written authorization of the Township Committee for permission
to satisfy the affordable housing requirements of this section by
constructing age-restricted affordable units on site.
C. Nonresidential growth share provisions.
(1) All nonresidential development in any zone that results
in an increase in gross floor area of any existing nonresidential
building or the construction of a new nonresidential building in the
Township of Maplewood shall provide one affordable unit within the
Township of Maplewood for every 25 jobs that results from the application
of standards adopted by COAH (presently found in Appendix E of N.J.A.C.
5:94-1 et seq.) and based on use groups, as defined by the International
Building Code (IBC), which has been incorporated by reference into
the Uniform Construction Code (UCC).
(2) All nonresidential developments in any zone shall
provide one unit of affordable housing within the Township of Maplewood
for every 25 jobs projected to be created by new or expanded development.
Determinations of the number of jobs created shall be based on the
new or expanded floor area in the development and the conversion factors,
by use group, published by COAH as Appendix E in N.J.A.C. 5:94-1 et
seq.
(3) Except as set forth in Subsection
C(4) below, nonresidential developers in any zone shall, subject to the developer first securing prior written authorization from the Township, either construct a nonage-restricted affordable housing unit elsewhere in the Township of Maplewood or shall purchase an existing residential unit elsewhere in the Township of Maplewood in accordance with any reconstruction (gut rehabilitation) program, buydown program, and/or municipally sponsored rental program the Township of Maplewood may devise in accordance with N.J.A.C. 5:94-1 et seq. If the developer fails to secure such written authorization or if the Township of Maplewood does not adopt such a program, the nonresidential developer shall make the payment in lieu of constructing the affordable units as set forth in Subsection
C(4) below.
(4) As an alternative to fulfilling the affordable housing requirements set forth in Subsection
C(2) above in the manner provided in Subsection
C(3) above, the nonresidential developer may make a payment in lieu of constructing the affordable units. The amount of said payment shall be determined by establishing the number of jobs to be created in a development by using the conversion factors published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., dividing by 25 to determine the number of affordable housing units required and multiplying the resulting figure by $287,600.55.
(5) For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional nonage-restricted affordable unit off site in accordance with Subsection
C(3) above or, alternatively, the developer may make a payment in lieu of constructing an additional affordable unit. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25 and multiplying the resulting fraction by $287,600.55.
(6) All nonresidential development in any zone creating less than 25 jobs may provide one nonage-restricted affordable unit off site in accordance with Subsection
C(3) above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by $287,600.55.
D. Mixed use growth share provisions.
(1) In the event of a project consisting of mixed uses:
a) residential development shall provide one nonage-restricted affordable
housing unit on site for every eight market-rate residential units;
and b) nonresidential development shall provide one nonage-restricted
affordable housing unit on site for every 25 jobs created by new or
expanded development. Determinations of the number of jobs created
shall be based on the new or expanded floor area in the development
and the conversion factors, by use group, published by COAH as Appendix
E in N.J.A.C. 5:94-1 et seq. Affordable units may be part of or included
within a mixed-use structure or may be constructed in a separate building(s)
on the same site.
(2) For mixed-use developments within any zone that result
in a fractional affordable housing obligation, the developer may construct
the additional nonage-restricted affordable housing unit on site or,
alternatively, subject to the developer first securing Township authorization,
the developer may make a payment in lieu of constructing the additional
affordable unit only. The amount of said payment for nonresidential
development shall be determined by establishing the number of jobs
to be created in a development by using the conversion factors published
by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., subtracting any
whole multiples of 25 from the total number of jobs being created,
dividing any remaining number of units by 25 and multiplying the resulting
fraction by $287,600.55. The amount of said payment for residential
development shall be determined by subtracting any whole multiples
of nine from the total number of market-rate residential units being
created, dividing any remaining number of units by eight and multiplying
the resulting fraction by $287,600.55.
(3) All affordable units constructed by a mixed-use developer
pursuant to this section shall be nonage-restricted. Notwithstanding
this provision, in the event the proposed residential development
consists entirely of age-restricted units, the developer may seek
the written authorization of the Township Committee for permission
to satisfy the affordable housing requirements of this section by
constructing age-restricted affordable units on site.
E. General provisions for constructing affordable units.
(1) Affordable housing units being constructed on site
or off site shall meet the requirements of Maplewood's affordable
housing ordinance, and shall be in conformance with COAH's third round
rules at N.J.A.C. 5:94-1 et seq., and the Uniform Housing Affordability
Controls at N.J.A.C. 5:80-26.1 et seq., including but not limited
to requirements regarding phasing schedule, controls on affordability,
low-/moderate-income split, heating source, maximum rent and/or sales
prices, affordability average, bedroom distribution, and affirmative
marketing. The developer shall bear all costs associated with compliance
with COAH's third round rules at N.J.A.C. 5:94-1 et seq., and the
Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq.
(2) To the greatest extent possible, affordable housing
units being provided within inclusionary developments shall be disbursed
throughout inclusionary developments and shall be located within buildings
designed to be architecturally indistinguishable from the market-rate
units otherwise being constructed within the development. To that
end, the scale, massing, roof pitch and architectural detailing (such
as the selection of exterior materials, doors, windows, etc.) of the
buildings containing the affordable housing units shall be similar
to and compatible with that of the market-rate units.
(3) Single-family attached buildings in the form of semidetached (side-by-side) units or duplex (over and under) units, triplex and quadplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in §
271-70 C(4) governing the Township's Residential Garden Apartment (RGA) District.
F. Payment-in-lieu provisions.
(1) Any payment-in-lieu amount shall be derived from the
analysis of the subsidy required to create an affordable housing unit
in the Township of Maplewood, which analysis shall be on file in the
Township Clerk's Office.
(2) All payments in lieu of constructing affordable housing
shall be deposited by the Township of Maplewood into an affordable
housing trust fund to be established by Maplewood in conformance with
regulations established by COAH and shall at all times be identifiable
from development fees. These funds shall be used by Maplewood in accordance
with regulations established by COAH to create new affordable housing
opportunities within the physical boundaries of the Township.
[Added 9-17-2018 by Ord.
No. 2921-18]
A. Purpose. This section is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Township
or a Township Land Use Board that results in multifamily residential
development of five or more new dwelling units produces affordable
housing at a set-aside rate of 20% for for-sale affordable units and
at a set-aside rate of 15% for rental affordable units. This section
shall apply except where inconsistent with applicable law.
B. Mandatory set-aside.
(1)
If the Township or a Township Land Use Board permits the construction
of multifamily or single-family attached residential development that
is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, the Township or the Township's Land Use Board shall require
that an appropriate percentage of the residential units be set aside
for low- and moderate-income households. This requirement shall apply
beginning with the effective date the ordinance creating this section
was adopted to any multifamily or single-family attached residential
development, including the residential portion of a mixed-use project,
which consists of five or more new residential units, whether permitted
by a zoning amendment, a variance granted by the Township's Land Use
Board, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation. For any
such development for which the Township's land use ordinances (e.g.,
zoning or on adopted redevelopment plan) in effect as of the effective
date the ordinance creating this section was adopted already permitted
residential development at a specific density explicitly set forth
in the Township's land use ordinances, this requirement shall only
apply if the Township permits an increase in the permitted (and approvable
and developable) residential density to at least twice that already
permitted as of the effective date of the ordinance creating this
section was adopted. Nothing in this subsection precludes the Township
or the Township's Land Use Board from imposing an affordable housing
set-aside in a development not requited to have a set-aside pursuant
to the paragraph consistent with N.J.S.A. 52:27D-311(h) and other
applicable law. For inclusionary projects in which the low and moderate
units are to be offered for sale, the appropriate set-aside percentage
is 20%; for projects in which the low- and moderate-income units are
to be offered for rent, the appropriate set-aside percentage is 15%.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
This requirement does not apply to any sites or specific zones otherwise
identified in the Township's Settlement Agreement with FSHC dated
September 5, 2017, or in the Township's Housing Element and Fair Share
Plan, adopted by the Township Planning Board on March 13, 2018, and
endorsed by the Township Council on March 20, 2018, for which density
and set-aside standards shall be governed by the specific standards
set forth therein.
(2)
Furthermore, this section shall not apply to developments containing
four or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units and builds new dwelling units on the same
site, the provisions of this section shall apply only if the net number
of dwelling units is five or more.